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lee0224

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania.

My school just pulled my friend and I aside because they said "we had been in the bathroom too long." They took us to the office and preceded to search. They believed us to be doing drugs. They only found cigarettes; which we were not smoking in the bathroom or during school at all. Is this a reasonable search? They said we were in the bathroom for 7 minutes. We were only putting on makeup.
 


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BOR

Senior Member
PA is probably no more stricter than the federal constitution mandates on this.

As long as a "reasonable supicion" exists a law or school policy is being violated, a search can take place, see New Jersey v. TLO US SC, 1985.

Since contraband was found it may hard for you to say it was not based on a RS you were smoking in there.

RS is a lesser standard than probable cause, and in line with TLO, school officials, although constrained by the 4th AM, are not as constrained as police.
 
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davew128

Senior Member
BOR said:
PA is probably no more stricter than the federal constitution mandates on this.

As long as a "reasonable supicion" exists a law or school policy is being violated, a search can take place, see New Jersey v. TLO US SC, 1985.

Since contraband was found it may hard for you to say it was not based on a RS you were smoking in there.

RS is a lesser standard than probable cause, and in line with TLO, school officials, although constrained by the 4th AM, are not as constrained as police.
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I don't know, that's kind of a stretch. If the girls weren't smoking, then it stands to reason they didn't smell of cigarette smoke which should be fairly easy to detect. That they were in the bathroom 7 minutes, trust me there have been some mornings it took me more than that and the resulting smell was nothing like cigarette smoke. :D
 
justalayman

justalayman

Senior Member
davew128 said:
I don't know, that's kind of a stretch. If the girls weren't smoking, then it stands to reason they didn't smell of cigarette smoke which should be fairly easy to detect. That they were in the bathroom 7 minutes, trust me there have been some mornings it took me more than that and the resulting smell was nothing like cigarette smoke. :D
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If they smoked that day they would smell of cigarette smoke. I suspect they had smoked sometime that day so there would be an odor of cigarettes on them. The school wouldn't have to prove it was from the time they were in the bathroom.
 
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